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LUIGI BORMIOLI CORP., INC. v. U.S.

No. 01-1166.

304 F.3d 1362 (2002)

LUIGI BORMIOLI CORP., INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 13, 2002.

Attorney(s) appearing for the Case

Sandra Liss Friedman, Barnes, Richardson & Colburn, of New York, NY, argued for plaintiff-appellant. With him on the brief were Frederic D. Van Arnan, Jr. and Joseph M. Spraragen.

Amy M. Rubin, Attorney, Civil Division, Commercial Litigation Branch, International Trade Field Office, Department of Justice, of New York, NY, argued for defendant-appellee. With her on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; of Washington, DC; and Joseph I. Liebman, former Attorney in Charge, International Trade Field Office. Of counsel on the brief was Chi S. Choy, Office of Assistant Chief Counsel, United States Customs Service, of New York, NY.

Before CLEVENGER, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

ARCHER, Senior Circuit Judge.

Luigi Bormioli Corp. ("Bormioli") appeals the judgment of the United States Court of International Trade granting summary judgment to the United States that the appraised transaction value of certain entries of Bormioli's imported glassware includes a charge of 1.25 percent of its invoice price. See Luigi Bormioli Corp. v. United States, 118 F.Supp.2d 1345 (C.I.T.2000). The court held that...

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